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Monopolization

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Eleventh Circuit Rules Steel Is Too Elastic To Support Monopolization Claims

Posted  07/24/13
The U.S. Court of Appeals for the Eleventh Circuit has affirmed dismissal of monopolization claims against steel producer Nucor Corp., finding that the cross-elasticity of supply for various steel products defeated the limited product market alleged by the plaintiff. The appellate court affirmed the district court’s grant of summary judgment in favor of Nucor in Gulf States Reorganization Group Inc. v. Nucor...

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Contractor Alleges Graco Constructed Foam Insulation Equipment Monopoly

Posted  07/8/13
A contractor has filed a class action complaint in the United States District Court for the Middle District of Pennsylvania alleging that Graco Inc. and its distributors harmed a class of contractors through anticompetitive conduct in the market for fast-set spray foam equipment, which is used by contractors for the installation of foam insulation in residential and commercial buildings. Insulate SB, Inc., a...

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Pool Owners’ State Antitrust Claims Remain Afloat

Posted  06/18/13
A Louisiana federal judge has denied motions to dismiss pool owners’ indirect purchaser claims brought under state antitrust laws against Pool Corporation, the nation’s largest distributor of pool products, and pool manufacturers. Judge Sarah Vance of the U.S. District Court for the Eastern District of Louisiana limited indirect purchasers’ state antitrust claims in In re Pool Products Distribution Market...

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Federal Judge Green Lights Antitrust Attack Of The Cloned Horses

Posted  06/11/13
Breeders of cloned horses will get to advance their antitrust attack on a dominant horse breed registry that excludes cloned horses, following a ruling by a federal judge in Texas who denied American Quarter Horse Association’s motion for summary judgment. District Court Judge Mary Lou Robinson of the U.S. District Court for the Northern District of Texas ruled in Abraham & Veneklasen Joint Venture et al. v....

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Court Spanks Baby Formula Claims As Too Speculative To Survive

Posted  04/8/13
Antitrust claims against the main supplier of nutritional additives for infant formula in the United States have been thrown out because the plaintiff’s claims were too speculative to establish standing, a federal judge in Maryland has ruled. Judge William D. Quarles of the U.S. District Court for the District of Maryland granted defendant Martek Biosciences Corp. summary judgment in BNLfood Investment SARL v....

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D&B Faces Federal Class Action Alleging “Pay To Play” Scam

Posted  01/15/13
The plaintiff in a federal class action filed in the U.S. District Court for the Eastern District of Washington is accusing leading credit reporting company Dun and Bradstreet (“D&B”) and Dun and Bradstreet Credibility Corporation (“DBCC”) of conspiring to use high pressure sales tactics to create a monopoly in the small business credit reporting market. The complaint in O&R Construction, LLC v. Dun and...

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Antitrust Enforcers Seek To Slam On The Brakes On NYC Tour Bus Joint Venture

Posted  01/7/13
New York City tourists could see lower prices for “hop-on, hop-off” bus tours if the U.S. government and the State of New York succeed in an antitrust suit filed in the U.S. District Court for the Southern District of New York that seeks to break up a joint venture that has allegedly monopolized the market. The U.S. Attorney General and New York State Attorney General are suing in U.S. v. Twin America LLC to...

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Radio Trade Group Seeks To Change SESAC’s Tune In Antitrust Action

Posted  10/22/12
SESAC, the performance rights organization formerly known as the Society of European Stage Authors & Composers, is facing a second antitrust lawsuit brought by broadcast groups after the Radio Music License Committee (“RMLC”) filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania alleging that SESAC’s blanket fees for songs are anticompetitive. SESAC is one of three performance...

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Aftermarket Autoparts Manufacturers Lose Bid To Stop Antitrust Class Action

Posted  09/21/12
Taiwanese manufacturers of aftermarket auto parts will have to continue litigating an antitrust class action as a result of the denial of their motion to dismiss the second amended complaint in Fond Du Lac Bumper Exchange Inc. v. Jui Li Enterprise Co. Ltd. et al. Judge Lynn Adelman of the U.S. District Court for the Eastern District of Wisconsin rejected the arguments of defendants Taiwan Kai Yih Industrial Co.,...

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Internet Adult Entertainment Antitrust Suit Passes Scrutiny

Posted  09/4/12
The Internet Corporation for Assigned Names and Numbers (ICANN) and ICM Registry, the sole operator of the .XXX domain name registry, are going to have to continue litigating antitrust claims brought by adult filmmaker Digital Playground Inc. and Manwin Licensing International SARL. Judge Phillip S. Gutierrez of the U.S. District Court for the Northern District of California is permitting plaintiffs in Manwin...

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